Gold v. Pasternak (In Re Harvey Goldman & Co.)

Opinion Granting Trustee’s Motion for Summary Judgment on Count I of the Amended Complaint

PHILLIP J. SHEFFERLY, Bankruptcy Judge.

Introduction

The Plaintiff in this adversary proceeding is the Chapter 7 Trustee. The Trustee filed this adversary proceeding seeking various forms of relief against the Defendants. Count I of the Trustee’s complaint seeks a determination under § 544 of the Bankruptcy Code that the Trustee is entitled to avoid a security interest claimed by the Defendants because the financing statement for that security interest was recorded under an assumed name of the Debtor,…